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The "search incident" exception authorizes a search of the arrestee's person, including examination of personal articles such as wallets, purses, or other items, as well as the area within his immediate control. Within the home, this will usually mean the ability to thoroughly search the item upon which the suspect is seated, such as a sofa or chair, as well as the ability to look under adjacent furniture. It is unlikely to permit the opening of drawers or rummaging through cabinets. Although originally justified for purposes of disarming a suspect or recovering evidence, the search incident is so thoroughly engrained in the law that no justification is necessary.
For purposes of this conference, assume that while riding in the first class section of a plane, a person is legally arrested for transporting illegal drugs by federal authorities. You (as the Superior Court Judge) are asked to rule on evidence obtained from the following areas.
In your ruling, was it proper for the arresting officers to immediately conduct searches of the following items and places incident to the arrest?
If you elect to permit evidence taken in any of the preceding searches, defend your ruling with interpretations of any pertinent legal statutes or relevant case law decisions
Disadvantages of Stare Decisis - Rigidity However the case law method of administration of justice has been criticized on the grounds which it leads to rigidity because the di
Question 1: What are the duties of the holder of a Tourist Enterprise Licence, as provided by the Tourism Authority Act? Question 2: What are the relevant consideration
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Question 1: (a) According to Archie Carroll what are the four interrelated aspects of corporate social responsibility? Use examples from the Mauritian context to illustrate you
Equitable Lien General examples are for the lien of an unpaid seller about land who that has moved out of possession to unpaid purchase money and such the right of partners on
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Avoidance of Floating Charges: Under s.314 liquidation automatically renders void any floating charge created within the period of 12 months before commencement of liquidation
This is a felon in possession of a firearm case. The defendant and his wife were involved in an argument. The argument became heated enough that the wife called the police through
Legal Procedures: The court may order the examination in private or public (ie. open court) of an officer of a company in liquidation or of any person known or suspected to ha
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